Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Criminal Miscellaneous Application No. 21 of 1978, decided on 29th May, 1978.
---S 561-A-Quashment of proceedings-Story of complainant that petitioner enticed away complainant's wife conceded by respondents to be false, as near relatives like maternal uncle and grandmother involved and charged with offences under S. 498, P. P. C. Proceedings quashed, in circumstances-Penal Code (XLV of 1860), S. 498.
Sheikh Mir Muhammad for Appellant/Petitioner.
Agha Ghulam Ali for the State.
S. Nisar All Shah Bukhari for Respondent No. 2.
Nemo for Respondents Nos. 3 to 7.
Date of hearing: 29th May, 1978.
This is a petition under section 561-A, Cr. P. C. for quashment of proceedings of a criminal case started on a direct complaint in the Court of City Magistrate, Nawabshah for offences under sections 498, 380, 504 and 506, P. P. C.
2. The facts in brief are that one Jangoo complained against Rahim Bux, Amiro, Mst. Shahnaz, Mst. Madina and Rasool Bux that they had come and stayed at Nawabshah on their way from Tando Muhammad Khan to Bhitshah and they had enticed away his wife Mst. Madina.
3. It has been argued by Mr. Mir Mohammed Shaikh that the complaint on the face of it is stereotyped and false complaint.; that Mst. Madina is a minor girl and she has never been married to complainant Jangoo. That Jangoo could not produce any nikahnama in proof of such marriage. That while coming from Tando Muhammad Khan to Bhitshah they would not pass by Nawabshah nor would they go and stay as guests at the house of Jangoo. That the allegations regarding theft are also obviously false. According to Mr: Mir Muhammad Shaikh, there were some arrangements regarding exchange marriages and sister of Rabim Bux was married to Jangoo's elder brother and Jangoo was to give his daughter to Amiroo and the parties wanted to go back on the original settlement.
4. Mr. Nisar Ali Shah Bukhari for the respondent has remained absent. Mr. Agha. Ghulam Ali for the State concedes that the complaint on perusal appears to be false and near relations of Mst. Madina have been involved and they have been charged with offence under section 498, P. P. C. He has also pointed out that it is not uncommon in this part of the country to file complaints of this nature alleging that the accused came to stay as guests and they were found missing with some inmates of the house, clothes and ornaments etc.
5. Thus the facts stated in the complaint do not appear to be natural or convincing and the complaint on the face of it does not appear to genuine. Admittedly, maternal uncles, maternal grand mother of Mst. Madina and Mst. Madina herself have been implicated on charges of 49 A and 380, P. P. C. Process had been issued for offence under sections 504, 506 and 498 and story of theft was disbelieved. However, the entire complain appears to be false and the proceedings started on this complaint are accordingly hereby quashed.
Proceedings quashed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer